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Books Bücher 91 - 100 von 170 in The distinction is very clear, where mutual covenants go to the whole of the consideration...
" The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the... "
A Treatise on the Law of Merchant Shipping - Seite 440
von David Maclachlan - 1860 - 867 Seiten
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Principles of Law: Law in General; Personal Rights; Property; Wills; Contracts

1903
...equivalent to a repudiation of the contract."" 60. Lord Mansfield stated the doctrine in these words: "Where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, the defendant has a remedy on his...
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Cases on the Law of Damages

Floyd Russell Mechem - 1902 - 758 Seiten
...Richie v. Atkinson, 10 East, 205, that "where the covenants go only to a part of the consideration, there a remedy lies on the covenant to recover damages...breach of it, but it is not a condition precedent," to render judgment for the plaintiff, notwithstanding the significant words connected with the defendant's...
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The Revised Reports: Being a Republication of Such Cases in the ..., Band 63

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1903
...and one of the means of discovering such intention is thus laid down in Ritchie v. Atkinson (2), " Where mutual covenants go to the whole of the consideration...precedent to the other; but, where the covenants go to a part only, there a *remedy lies on the covenant, to recover damages for the breach of it, but...
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A Selection of Cases on the Law of Contracts, Band 2

Samuel Williston - 1904 - 909 Seiten
...title to convey. To which there was a general demurrer. LOBD MANSFIELD. The distinction is very clear, where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy...
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A Selection of Cases on the Law of Contracts, Band 2

Samuel Williston - 1904 - 909 Seiten
...there was a general demurrer. LORD MANSFIELD. The distinction is very clear, where mutual cove'\ nants go to the whole of the consideration on both sides,...conditions, the one precedent to the other. But where they go only to a part, where a breach may he paid for in damages, there the defendant has a remedy...
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A Concise Treatise on the Law of Covenants

Gawayne Baldwin Hamilton - 1904 - 299 Seiten
...Independent Covenants. Where " Where mutual covenants go to the whole of the conprecedent! sideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, then the defendant has a remedy...
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An Epitome of the Law Affecting Charter-parties and Bills of Lading

Lawrence Duckworth - 1904 - 146 Seiten
...precedent. It is the general rule, where mutual covenants go to the whole consideration on both sides, that they are mutual conditions — the one precedent to the other ; but where they go only to a part, and a breach may be paid for in damages, there the defendant has a remedy on...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Band 117

Missouri. Courts of Appeals, Andrew Moore Berry, James Franklin Mister, Ben Eli Guthrie, Edward Augustus Lewis, John Webster North, David Goldsmith, Madison Roswell Smith, John Turner White - 1906
...MANSFIELD, in a note to Duke of Albans v. Shore, 1 H. Bl. 1. c. 273 : "The distinction is very clear, where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy...
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A Treatise on Deeds

Robert Frederick Norton, Robert Hay Dun, Digby Latimer Francis Koe, Sir Howard Warburton Elphinstone - 1906 - 694 Seiten
...negroes. On demurrer, Lord Mansfield, CJ, said (1 H. Bl. 273 n.) : " The distinction is very clear : where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other ; but where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy...
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The Law Relating to Charter Parties

John Edward Robert Stephens - 1908 - 207 Seiten
...laid down with great accuracy by Lord Ellenborough in the case of Ritchie v. Atkinson (5) to be this, "that where mutual covenants go to the whole of the...breach of it ; but it is not a condition precedent." One of the questions of this kind which occurs most frequently, in contracts relating to shipping,...
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